Terms of Use

• "Visitor" — a person who completes the signup form and is issued a Gate Pass.
• "Gate Pass" — the digital pass, and its QR code and token, issued for a single visit.
• "Visitor Data" — all data relating to Visitors processed in the Platform, including passes, entry and exit records.
• "HIS" — the Hospital's hospital information system, where connected.
• "Access Levels" — the three levels described in §3: platform administration, Hospital administration, and gate user.
• "Order" — the signed order form or agreement specifying sites, gates, users, term, validity period and fees.

• Caresoft supplies software that issues, records and reports on visitor passes. We are a technology provider.
• We do not provide security services, security personnel, guarding or access control. We are not a security agency and hold no such registration.
• We do not decide who may enter the Hospital's premises. Every admission and refusal is the Hospital's decision, made by its own people under its own policy.
• We are not responsible for anything a Visitor does on the Hospital's premises.

Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable right, during the validity period stated in the Order, to use the Platform at the sites and gates named there.

You must not exceed licensed sites, gates or users; use the Platform at premises not named in the Order; resell it or provide it as a service to another organisation; reverse engineer it; or use it to build a competing product.

• Accounts are personal to each user and must not be shared. Shared gate logins destroy the audit trail — if a disputed entry cannot be traced to a person, the record is worth little.
• You provision, review and revoke your own users, and must revoke within [24] hours of a person leaving or changing role. We cannot know when your staff change.
• You are responsible for all activity under your accounts and must notify [[email protected]] immediately of suspected compromise.
• Gate devices must be secured and must not be left signed in and unattended in a public area.

• Display the visitor notice at every gate and on the signup screen (§6).
• Configure the visitor form to collect only what you genuinely need (§8).
• Maintain a manual process for visitors who cannot use the digital form (§7).
• Keep your visiting rules, ward lists and gate configuration current.
• Provide accurate HIS data where integrated, and notify us before changing that system (§9).
• Train your gate and administrative staff before go-live, and record that training.
• Maintain your own security arrangements independently of the Platform (§2, §13).
• Comply with all applicable law governing your premises, your visitors and your patients.

• The signup screen must carry the notice, a link to your own privacy notice, and a link to ours.
• Where you change what the form collects, you must update the notice to match.
• You are the data fiduciary for Visitor Data and are responsible for the lawful basis on which it is collected.
• Where a Visitor is a minor, details are provided by the accompanying adult.

You configure what the visitor form asks for. In doing so:

• Ask only for what the gate process genuinely needs. Every additional field is data you must then protect, justify and eventually delete.
• Do not collect identity documents, photographs or biometrics through this Platform. It is not built for them, and free-text or upload fields must not be repurposed to capture them.
• Do not place clinical information about a patient in any field.
• Keep ward, department and doctor detail off the printed or displayed pass wherever your gate process allows — a pass naming a ward discloses a patient's condition to anyone who sees it.
• Do not use Visitor Data for marketing, fundraising or any purpose other than managing the visit and your premises.

• Where connected, the Platform reads admission status, ward and doctor lists and permitted visitor counts from your HIS, and writes back a visit record. No clinical data crosses this interface.
• Accuracy and timeliness of HIS data is your responsibility. Stale admission data produces wrong decisions at the gate.
• You must notify us at least [14] days before upgrading, replacing or reconfiguring the HIS or its interface. Changes made without notice may break the integration; remediation is chargeable.
• Where the HIS is not supplied by Caresoft, integration depends on that vendor's interface and cooperation, which is outside our control.
• Where the interface is unavailable, the Platform falls back to manual entry. It does not stop issuing passes.
• You must secure the credentials issued for the integration and rotate them on personnel change or suspected compromise.

Where the Platform enforces limits — such as the number of simultaneous attendants permitted for a patient — those limits come from your configuration or your HIS. We apply the rule you set.

• Mobile verification is delivered over WhatsApp through a Business Solution Provider acting as our sub-processor, using a template approved by WhatsApp.
• Delivery is not guaranteed. Messages may be delayed or fail because of network conditions, the recipient's device or account state, provider outages, or policy changes by WhatsApp.
• You must maintain a fallback for undelivered OTPs — assisted entry by a gate operator — so that a failed message does not leave a visitor stranded at the gate.
• Message costs, where charged by the provider, are as stated in the Order.
• Changes to WhatsApp's policies or template rules may require changes to message content at short notice; this is outside our control.

• You control what hospital notices, health education and promotional content appears. You are the publisher of it.
• Content must be accurate, lawful and appropriate for a hospital entrance, and you must hold the rights to it.
• Content must not advertise prescription medicines to the public or breach the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and must comply with applicable advertising law and professional conduct rules.
• Content is shown to every visitor at that gate. It must not be selected on the basis of who the visitor is or which patient they are visiting — doing so would use patient information for targeting, which is prohibited.
• We may remove content that in our reasonable opinion breaches these Terms or the law.

• You must have a written manual gate procedure that operates without the Platform, issued to gate staff and rehearsed.
• A gate must never be blocked because the Platform is unavailable. Visitors are admitted under your manual process, and records are entered afterwards.
• Where the HIS interface is down, the Platform continues with manual entry; where the Platform itself is down, your manual procedure applies.
• Records created on paper during downtime should be entered afterwards, marked as retrospective.

• You own all Visitor Data. We claim no ownership and use it only to provide the Platform.
• You set retention consistent with your own policy and any accreditation requirement, within the configuration the Platform provides. Defaults are in the Privacy Policy §14.
• The Platform maintains an audit trail of pass issue, check-in, check-out, cancellation and override. It is not editable by ordinary users.
• Export in a documented, machine-readable format is available throughout the term and on exit (§26).
• Visitor Data must not be used for marketing, sold, shared with third parties, or combined with any dataset for profiling.

You are the data fiduciary / controller for Visitor Data; Caresoft is a data processor, under the Data Processing Addendum. Data is stored and processed within India. You are responsible for visitor notices and consents (§6) and for responding to visitor rights requests, with our assistance.

We maintain the measures in the DPA, including encryption in transit and at rest, role separation across the three access levels, tenant isolation, unguessable pass tokens, no-index and no-referrer headers on pass pages, rate limiting on OTP requests, audit logging, and periodic penetration testing. You are responsible for your network, gate device security and user access hygiene. Each party notifies the other of a suspected security incident immediately, and in any event within [24] hours.

Availability, severities, response targets and credits are in the SLA. Service credits are the sole remedy for availability failures. Failures caused by your network, gate hardware, HIS or a third-party messaging provider are outside the SLA. Planned maintenance is notified in advance and scheduled outside peak visiting hours where practicable.

• Fees are as stated in the Order — typically per site or per gate per period — exclusive of GST and other taxes. Messaging charges, where applicable, are separate.
• The Order states a validity period; access ends when it expires unless renewed.
• Subscriptions renew automatically at the then-current rate unless cancelled before renewal. Price revisions require [30] days' notice, effective at renewal.
• Invoices are payable within [30] days. Overdue amounts attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower.
• We may suspend after notice for non-payment, but will give at least [15] days' notice before suspending a live gate, so that your manual process can be put in place.

Caresoft and its licensors retain all rights in the Platform, its software, interfaces, documentation and the marks "Caresoft VMS" and "Caresoft". You retain all rights in Visitor Data and your own content. Feedback may be used by us without restriction, provided it contains no Visitor Data and does not identify you without consent.

Each party protects the other's confidential information with at least reasonable care. Visitor Data is confidential without limit of time. Your footfall and operational data is not disclosed to another hospital or benchmarked in identifiable form. Obligations survive for [3] years, and indefinitely for personal data and source code.

We warrant that we have the right to grant the licence, that the Platform will perform materially in accordance with its documentation, and that we will provide the services with reasonable skill and care.

You warrant that you hold the licences required to operate your premises, that you will display the visitor notice, that you have a lawful basis for collecting Visitor Data, that content you publish is lawful and cleared, and that you will maintain your own security and emergency arrangements independently.

• By us: against third-party claims that the Platform as supplied infringes intellectual property rights, subject to prompt notice, control of defence and cooperation.
• By you: against claims, penalties, losses and costs arising from Visitor Data; from failure to display the visitor notice or to obtain a lawful basis; from content you publish on the signup screen; from your admission or refusal decisions; from any incident on your premises; and from your breach of these Terms or of applicable law.

• Term and validity period as stated in the Order, renewing automatically unless either party gives [60] days' notice.
• Either party may terminate for material breach not cured within [30] days, or immediately on insolvency.
• We may suspend or terminate immediately where the Platform is being used to collect data it is not designed for, where content published creates a legal risk you have not remedied on notice, or on a lawful direction.
• On termination, Visitor Data and audit records are exported to you on request within [30] days, then deleted on your written confirmation, subject to mandatory retention.
• Sections 15, 20, 21, 23, 24 and 28 survive termination.

Neither party is liable for delay or failure to perform (other than payment) due to causes beyond its reasonable control, including acts of God, natural disaster, epidemic, fire, civil unrest, strike, government action, power failure, and failure of internet, telecom or third-party messaging infrastructure.

Governed by the laws of India. The parties will escalate to senior representatives for [30] days. Failing resolution, disputes are finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by agreement, seated at [Mumbai, Maharashtra], in English. Subject to arbitration, the courts at [Mumbai, Maharashtra] have exclusive jurisdiction.

Grievance Officer (Information Technology Act, 2000; Digital Personal Data Protection Act, 2023):

• Entire agreement — the Order, these Terms and the incorporated policies supersede prior discussions. Your purchase-order terms have no effect.
• Assignment — not without written consent, save to a successor of substantially the whole business on notice.
• Subcontracting — permitted; we remain responsible. Sub-processors are governed by the DPA.
• Notices — in writing to the Order addresses; in-product notice is valid for operational matters.
• Publicity — we may name you as a customer with your prior written consent.
• Severability, waiver — standard. These Terms constitute an electronic record under the Information Technology Act, 2000.
• Amendment — material changes on [30] days' notice. Continued use after the effective date is acceptance.